Your browser doesn't support JavaScript or JavaScript support has been disabled. You must enable JavaScript to use this application.

I have an open workerís comp claim through my past employer and am offered voc rehab for that injury Ė carpal tunnel - which I have accepted.

Now, I am claiming a work injury with my new employer for chronic low back problem because it was under control and now has gotten worse so it may be a partial injury. Iíve had this problem for the past 5 years and Iíve been with this employer for past 9 months. I have not disclosed to this insurance co. that this has been a chronic condition by not returning the medical record release form. Iím not trying to claim this injury fraudulently, this problem has worsen since I have been working here. Originally, this injury was not caused by an accident, work, or any specific event.

This new injury was reported to my new insu. Co. on 2/28/02 and a month later, after leaving several messages, I still have not been offered info. on med. Facility I can go to although I do have a claim #.

Should I disclose, to this insu. Co., that I have an open claim with another insu. co. for carpal tunnel and that they have offered me voc. Rehab? Also, If I tell them about my chronic low back history, does that automatically deny my claim?

The Law Offices of Eslamboly & Barlavi has over 20 years of experience helping injured workers all over California. We can help you recover for your injuries as a result of an accident at work. We only get paid if we recover compensation for you. Visit our website or call us for a free consultation about your case at 1-800-LAW-TALK.

1 Answer from Attorneys

You are not a doctor and really do not have the medical knowledge of how the injury came about. It might be that the job you had caused the problem and, if so, a claim should be made against both employers for a continuous trauma to the back and allow a doctor to make the evaluation as to cause. You should not self-diagnose and should be open and honest, but not give an opinion as to causation.